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Another Question On C&p


Billyboy

Question

I had a bad fall while in the service and have a buddy statement saying just that. The VA used a Statement of Fact.

A. As evidence in the decision dated April 5, 2005 Tinnitus. They accepted his word.

B. And enough weight of the Statement of Fact to warrant the CT of the head for evidence dated 11-28-05 for a 50% rating for PTSD (slip and fall) statement of fact.

I have applied for benefits for lower back pain and injury.

I recently had a MRI of the lower back and the first two words were, "Osteocartilaginous exostosis".

The word "exostosis" is defined as, "A non cancerous growth on the surface of a bone, usually with a cartilage cap, that is due to long-term irritation as a result of osteoarthritis, infections, or trauma".

I believe the key word here is long-term irritation and truma.

I used the Statement of the Case, VA sent 6-17-04, #4, B states "or triggered event" stating the fall triggered my back problems. How do you think the VA will get out of this one? Think there will be more testing? How will they handle the C&P?

Edited by Billyboy (see edit history)
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Billyboy, If you have been having back problems over the years, you should be able to get the Xray reports from L and T spine xrays, Sometimes chest xrays will show back problems. An Xray will not pick up soft tissue. You can compare the reports vs the MRI. This may help your case. You just need a medical opinion that the disability is related to an in service incident and have a good reason and basis.

A Good VA examiner can put the puzzle together for you.

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jstacy, "A Good VA examiner can put the puzzle together for you." Is there such a thing. I donnot have an INO. Just kinda stumbling along here the best I can. I cannot aford Dr. Bash, and only medical I have is VA. bummer, bill

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Billy, If the examiner thinks there can be a casual relationship they will probally do it. It is 50 / 50. The examiners opinion should state that the back problems are at least as likely as not connected to the fall sustained in service. As long as you have no other recorded injuries to the back, It may not be as difficult.

I hope all goes well and keep us posted. If the C@P examiner needs more Xrays or tests, believe me, they will obtain them as needed.

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